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HomeMy WebLinkAboutOrdinance - 151 - Regulating Garbage Disposal - 03/09/1971 ORDINANCE NO. 151 AN ORDINANCE PROVIDING FOR AND REGULATING tt THE DISPOSAL OF REFUSE AND GARBAGE, LICENSING REFUSE AND GARBAGE COLLECTIONS, AND FOR THE ALLEVIATION OF AIR POLLUTION THE VILLAGE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE DOES ORDAIN: i Section 1 a. Ordinance No. 2 is hereby repealed. Section lb. Definitions. For the purpose of this ordinance the following words shall have the meaning herein. When not inconsistent with the context, words used d in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory. s 1 ) "Garbage?'shatl mean animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food and shall also include all other animal wastes. t, 2) "Refuse" shall include all wastes which normally result from the operation of a household, except body wastes and garbage, including but not limited to tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, tires, bricks, discarded household appliances or furniture, or any other material or thing to be discarded. The word "refuse" shal I not include construction material resulting from the construction or reconstruction of buildings or other improvements by contractors, nor trees in excess of six inches in diameter. 3) "Refuse and garbage collector" shall mean any person holding a valid 5 license from the Village for the purpose of collecting refuse and garbage. 4) "Residential dwelling" shall mean any single building consisting of three (3) or less dwelling units with individual kitchen facilities for each. f -1- 5) "Multiple dwelling" shall mean any building used for residential purposes consisting of more than three (3) dwei l i ng units with individual kitchen facilities for each. 6) "Commercial establishments" shall mean any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches, and schools where food is prepared or served. 7) "Persons" shall mean any owner or occupant of a residential dwelling unit, or the owner, manager or proprietor of a multiple dwelling or commercial establishment whether an individual, partnership, association, or corporation. i i Section 2 Disposal ofgarbage and refuse. Every person occupying a residential dwel 1 i ng, multiple dwei 1 i ng or commercial establishment shall dispose of refuse E and garbage as provided in this Section. Refuse and garbage shall be disposed of at least once each reek from residential dwellings and multiple dwellings. � Refuse and garbage at any commercial establishment shall be disposed of at least once each week, and at more frequent intervals if deemed necessary to protect publ i c heal th, and on order of the Vi 11 age. Refuse or garbage shal 1 not be permitted to accumulate on any property within the Village so as to constitute a nuisance by reason of appearance, odor, sanitation, or so as to create a fire hazard. Section 3. Preparation of Refuse and Garbage for Collection. Subdivision 1 ) Except as otherwise provided herein all refuse and garbage accumulated on any property shall be drained of all liquids, shall be wrapped OF ' bagged and placed and kept in containers. No explosives or highly inflammable material shall be so prepared and piaced in a container for collection. -2- i Such explosive and highly i nfl amnabi a materials shall be disposed of as directed • by the Fire Marshall of the Village of Eden Prairie at the expense of the owner or possessor thereof. Subd.2) Grass clippings, leaves and other similar refuse shall be placed in bags or bundles not exceeding three (3) feet in any dimension and securely fastened to avoid spillage. Trees of more than one inch in diameter shall be cut into lengths not exceeding five feet. Unless the licensed collector agrees to pick up such refuse on some other location on the premises -it shall be desposited for pickup adjacent to the street from which the pickup is to be made. Refuse deposited adjacent to a street for pickup shall be deposited off the traveled roadway in one place and at ground level . No refuse shalt be deposited next to the traveled roadway or street before sunset of the day before collection. No such refuse shall be permitted to remain adjacent to a street for a longer period than twenty-four (24) hours if not collected. Garbage, however packaged, shall • not be deposited for pickup in the front yard of any residential dwelling, or i i multiple dwelling, or commercial establishment nor in the side yard of any corner lot next to the side street. Discarded household appliances, furniture, barrels and other large objects shall not be deposited adjacent to the street and persons t shall make arrangements with their licensed collector for collection of these items. 1. Subd.3) Contagious disease refuse such as, but not limited to bedding, wearing apparel , or eating utensils shall not be deposited for regular collection, but shai 1 be disposed of as di rected by the Vi 1 1 age at the expense of the ot" or or possessor thereof. 9 Subd.4) Garbage containers shall be made of metal or other suitable material , shalt be watertight, insect and rodent proof and fireproof, and shalt be r of a material not easily corrodible and equipped with suitable handles and tight- I fitting covers and shall be kept tightly covered when there is garbage therein. .3- Subd. 5) Refuse containers shall be of a kind suitable for collection purposes, and steal 1 be of such size and weight that they can be handled by one ii man, and kept tightly covered when there is refuse therein. Subd. 6) Multiple dwellings having more than three (3) family units shall either be equipped with refuse containers and refuse pickup service as provided herein or be equipped with a commercial i ncerator complying with the requirements of the Minnesota Pollution Control Agency and licensed by the Village as provided herein. Refuse containers provided as an alternative to or in addition to such i ncinerator shal t be at 1 east one (l ) cubi c yard i n capaci ty, sha11 be conveni entl y located in relationship to the residence for which they are provided, shall be watertight, insect and rodent proof, fireproof, with self-closing lids and shall be kept in an enclosure so as to be concealed from public view. Such enclosure shall have a raised concrete floor and be kept in good repair at all times. Such refuse containers shall be located so their contents are inaccessible to 4 at least three (3) feet above the base of the enclosure. The person owning or operating such muitipla residence shall provide for pickup from such containers. Refuse or garbage shall not be permitted to accumulate at or near the enclosure except in the container. Subd. 7) The person owning or managing any ccxaaerci al establishment, or any other property which produces a volume of refuse or garbage which requires pickup more frequently than once each week shall also provide refuse containers as described in the foregoing subdivision. The person owning or managing any premises used as an office, warehouse, or industrial buiiding shall provide waste containers inside the structure in sufficient size and number to store accumulations of refuse resulting from each working day. All such containers shall be of non- 4 combustible materials only. Subd. 8) It shall be the duty of each person owning or anai ntai ni ng containers for refuse or garbage to maintain same in a sanitary condition. Such containers shai 1 be located in such a manner as to prevent them from being over- turned and sha11 be kept free from any substance which shall attract or breed flies, mosquitoes, other insects or rodents. No refuse or garbage container for a residential dwelling unit shall exceed thirty-two (32) gallons in capacity, or seventy-fi ve pounds in weight when fi 1 1 ad, shai 1 not have ragged or sharp edges, or any defects liable to impede or injure the person collecting the contents thereof. Containers not complying with the requirements of this ordinance shall be promptly replaced upon notice by the Village. Whenever a container is in poor repair the col lector shall tag the container with notice of the defects and the requirement to repair or replace the container. A copy of such notice shall be given to the Vi 1 1 age,. and if upon the next collection date, the container has not been repaired or replaced, the collector shall notify the Village and discontinue collections from the premi ses. The Vi 11 age shai 1 then enforce the provi si ons of the penal sects on of this ordinance against the person owning or maintaining the defective container. Section 4 Licensing of Refuse and Garbage Collectors. Subd. 1 ) No person shall engage in the business of garbage or refuse collection in the Village of Eden Prairie unless he shall first secure a 1 i cense to do so and pay the license fee herein prescribed. i Subd. 2) An applicant for such i i cense shall make application to the Clark d on a form prepared by the Clerk. The application shall accurately state: (a) The name of the owner or licensee. (b) the proposed charges for f R hauling. (c) a description of the kind of services to be rendered. (d) a j 1 description of each motor vehicle to be used for hauling, i nci udi ng the license number thereof. (a) the manner and kind of service proposed to be given the / customers and schedule of pickups. (f) the routes or area to be served. -5- Subd. 3) No such license shall be issued until the applicant files with the Clerk a certificate of insurance issued by an insurance company licenses to do business in the State of Minnesota currently covering all vehicles to be used by the applicant in his business. The minimum limits of coverage for such insurance shall be: (a) Each person injured at least $100,000.00. (b) each accident at 1 east $300,000.00. (c) property damage at least $25,000.00. Such insurance shall be kept in force during the term of the license and shall provide for notification to the Village, prior to termination or cancellation. Any license issued hereunder shall automatically be revoked upon notice of termination or cancellation of such insurance and shall remain revoked until and unless other insurance is provided as required herein. Subd. 4) Bond. Before a 1 i tense is granted the applicant shall furnish to the Vi 11 age and deposi t wi th the Vi 11 age C 1 erk a surety bond in the sum of i $1,000.00 conditioned upon the faithful performance by the 1 i censee and conditioned upon the compliance with all of the provisions and requirements of this ordinance and other applicable ordinances. 3 Subd. 5) The annual license fee is $30,00 for the first vehicle and $15.00 for each additional vehicle used in the business of refuse and garbage hauling within the Village of Eden Prairie. An alternate vehicle may be used in the event of an emergency period of not exceeding three (3) days without first applying for and securing such license. Section 5 Duties of Collector. Subd. 1 ) All persons hauling or conveying refuse or garbage over the st:•eets of the Village of Eden Prairie shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being bl own, dropped or spilled from the vehicle. Any such vehicle shall be :kept clean and free from offensive odors as possible, and -6- if customarily used for the hauling of refuse and garbage shall not be allowed to stand on any street, alley, or other place longer than is reasonably necessary to collect such refuse and garbage. Any vehicle customarily used for such purpose shall be kept in a clean and sai tary condition and shall be thoroughly disinfected at least once a week, unless the saiae has not been used since the last disinfection thereof. Subd. 2) All refuse, refuse bags, wrappings, cans and disposable containers deposited for pickup as provided in this ordinance shall be picked up by the licensed collector so that no items are left adjacent to the street or alley. After pickup reusable refuse and garbage cans and containers shall be returned by the collector to the place where they are permitted to be stored under this ordinance. Subd. 3) No per--on engaged in hauling refuse or garbage for hire from residential units from within the Village shall do so after eight-thirty p.m. or before five a.m . of any day. There shall be no garbage or refuse pickup from residential dwellings on Sundays. Subd. 4) Each vehicle for which a license is applied for or which is x licensed shall be subject to inspection by the Village at all reasonable times. r Any such vehicle, while it is used by the licensee in the Vi 1 1 age shall have the z x s name of the licensee clearly printed on both sides and the license issued by the Village for the vehicles shall be kept on the vehicle at all times when it is being used within the Village. Subd. 5) All licensed vehicles shall be operated in accordance with the following regulationss (a) Vehicles operated pursuant to the provisions of this ordinance shall be excepted from the seasonable weight restrictions placed upon Village roads except that (1 ) No such vehicle shall be operated during the seasonal !' restriction time where the gross weight on any single axle exceeds 18,000 lbs. and (2) No vehicle shall be operated on any road at any time where special postings -7- specifically prohibit refuse collections vehicles. (b) During any period of time when weight restrictions are imposed each collector shall make provisions for 1 operation or conformance with such restrictions so that service is not interrupted. Subd. 6) A collector shall cancel service to any premises when the container, or containers, thereon have been tagged as defective and may cancel services when the party chargeable for collection service is two months, or more, overdue in paying for said service. When any collector cancels service to any premises written notice thereof shall be served upon or mailed to the occupant, manager or owner of the premises, and a copy of such notice mailed to the Village of Eden Prairie. The collector shall refund any advance payments made for service if such service is voluntarily terminated by the customer. Subd. 7) No col 1 ec*ar licensed pursuant to this ordinance shall acquire a vested right in said license* The Village may, upon finding the public necessity T requires, determine to establish other means of refuse collection. i Section 6. Incinerators. No person shall operate an incinerator within the z Village for the burning of garbage or refuse unless such incinerator complies with the requirements of the Minnesota Pollution Controi Agency. No incinerator, except an incinerator for a one or two family residential dwelling, shall be operated within the Village unless the operation of such incinerator has been licensed by the Village as provided in this section. Subd. 1 ) Application for a license shalt be made to the Village Clerk on a form prepared by him. The application shall state the name and address of the owner of the property on which the incinerator is located, a description on the type of incinerator, and, except in renewal applications, a plan showing that the incinerator will comply with applicable rules and regulations of the Village and � r the Minnesota Pollution Control Agency. -8- Subd. 2) The application shall be accompanied by an annual license fee �- in the amount of 55.00. Subd. 3) Applications for incinerator licenses may be granted by the Village Manager or his designated representative if it is ascertained that the incinerator meets the requirements of the Minnesota Pollution Control Agency and the ordinances of the Village. The application may be referred to the Village Council and the Village may grant or deny the application, and it shall be grounds for denial if it appears that the ordinances or regulations of the Village relating to health, safety, building, or otherwise, are not being complied with at or on the premises concerned. Section 7. Open Burning Restriction. No person shall dispose of refuse by open r burning, or cause, suffer, allow or permit open burning or refuse. Section 8. Burning Permit. r 4 Subd. 1 ) No person shall burn nor set fire to any grass, weeds, trees, leaves, ( brush or any combustible material or any other natural ground cover, or any building or structure unless a permit therefore has been secured from the Fire Marshall. Such permit shall be issued by the Fire Marshall only in accordance with the rules s and regulations of the Minnesota Pollution Control Agency. The application for a burning permit shall be accompanied by a fees of $5.00. Subd. 2) Pursuant to authority of Minnesota Statutes, Section 471 .62, air pollution controls and regulations and Ambient Air Quality standards 1 through 15 inclusive, of the Minnesota Pollution Control Agency are hereby adopted by reference. The Village Clerk shall mark and keep file in his office one copy of said regulations marked "Official Copy" for use and examination by the public, and shall furnish a copy of this ordinance and said regulations at cost to any person upon request. i Section 9. Public Nuisance. Any accumulation of refuse or garbage on any premises not stored in containers which comply with this ordinance or any accumulation of refuse on any premises which has remained thereon for more than one (1 ) week is -9- 8 hereby declared to be a public nuisance, and shall be abated by the order of the Village, pursuant to the provisions of Minnesota Statutes, Sections 145.22 and x 145.23, and the cost of abatement shall be assessed to the property where the j Ruisance is found to exist. Section 10. Penal tX. Any person convicted of violating this ordinance shalt be guilty of a mi sdmeanor and upon conviction thereof shall be punished by a fine` in an amount not exceeding $300-00, or imprisonment for a period of not to exceed ninety (90) days. Section II. Effect. This ordinance shalt be published in the Eden Prairie Sun Newspaper and shall be effective on May 1, 1971 . First read at a regular meeting of the Council of the Village of Eden Prairfe, this 9th day of March, 1971, and finally read, adopted at a regular meeting of said �. Vi i 1 age on the 23rd day of March, 1971 . ! 9 David W. Osterhoi t, Mayor ATTEST: Edna M. Hol mgren, Clerk s -10- * SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION 5 Minnetonka - Eden Prairie Sun "01 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language In newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. !3) Said newspaper has 507c of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total x circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office. 45) Said newspaper purports to serve the City of Minne- tonka and Village of Eden Prairie in Hennepin County and it has its known office of issue in the City of Bloomington in Hennepin County, established and open during its regular x business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has cnmplied with all foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. zk He further states on oath that the printed Ordinerm no* 151 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 9119—.successive weeks; that it was first so published oit_ t1i *. the Bth day o* April s and was thereafter printed and published on every to and including ur the day of , 19 and that the following is a printed copy T.. of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being ; the size and kind of type used in the composition and publication of said notice, to-wit: r, abedefghi jklmnopgrstuvwxyz abcdefghiitimm"rstuways rrR. Subscribed and sworn to before me this_ g day of AVrL1_ 191L (Notarial Seal) /'" / ► � L Alice J. Nelson, Notary Public, Hermepin County, Minn. My Commission Expires December M 1973 Fp' e^